These are the opinions of an unknown man. I write about whatever comes to mind.

"Mistrust those in whom the urge to punish is strong." Friedrich Nietzche

"Any and all non-violent, non-coercive, non-larcenous, consensual adult behavior that does not physically harm other people or their property or directly and immediately endangers same, that does not disturb the peace or create a public nuisance, and that is done in private, especially on private property, is the inalienable right of all adults. In a truly free and liberty-loving society, ruled by a secular government, no laws should be passed to prohibit such behavior. Any laws now existing that are contrary to the above definition of inalienable rights are violations of the rights of adults and should be made null and void." D. M. Mitchell (from The Myth of Inalienable Rights, at: http://dowehaverights.blogspot.com/)

Sunday, November 04, 2007

What is an inalienable right?

Perhaps I should not ask what is an inalienable right, but rather, how do you recognize it?

I have given this a lot of thought over a long period of time. A few years ago I came up with what I thought was a good definition of how to define or recognize inalienable rights. This, of course, only applies to people who believe in these mythical things and to governments who uphold them . . . which is exactly zero governments in the world.

Here is my definitions of inalienable rights:

Any and all non-violent, non-coerced, non-larcenous, consensual adult behavior that does not physically harm other people or their property or directly and immediately endangers same, that does not disturb the peace or create a public nuisance, and that is done in private, especially on private property, is the inalienable right of all adults.

That means there is a whole lot of behavior that us rightfully yours, if you wish to participate in it, but which is now considered illegal.

I think that my definition is pretty much self-explanatory. "Disturbing the peace" would mean, more-or-less, making loud noises and/or commotions that would not normally be legally licensed or normally expected in the place and/or at the time that such noise or commotion would be made, thereby disturbing the tranquility, quiet, or peace that people living in those places would normally expect.

Creating a "public nuisance" requires that whatever the nuisance is, it must be done in public, not in private, out of sight of the public, and especially if done on private property. My dictionary defines "nuisance" (legally) as "something offensive or annoying to individuals or the community." I think I need to define it a bit more definitely, as there are many things and many people that some would find to be offensive or annoying, but should be perfectly legal by right, as those things or behaviors do not harm or endanger other people or their property. (Many years ago, I wore quite long hair and a full beard. I was verbally accosted on more than one occasion by people who found my appearance to be offensive or annoying.)

Therefore, a "nuisance" should be defined as a thing or a behavior that has the potential to physically harm people or property, or disrupts the normal flow of traffic (foot or vehicular), or is a public display of behavior that would deeply offend the religious and personal moral sensibilities of a large percentage of the citizens subjected to the behavior such that they would avoid the (public) area where the behavior is being done (disruption of traffic) and not allow their children to be exposed to it. Disturbing the peace would be considered a public nuisance too.

Therefore, naked dancing women, in public, could (and most likely would) be considered a "public nuisance" by many in your community. However, naked dancing women, on private property and behind closed doors is an inalienable right of adult women. And watching said naked dancing women is an inalienable right of all adults.

Playing your music so loud that it bothers your neighbors is "disturbing the peace." A band, booked into a local sports arena where loud noises are expected, is not disturbing the peace.

But mostly, my definition of an inalienable right has to do with behavior that will neither disturb the peace nor create a public nuisance. A Saturday night poker game where the participants agree to bet money on each hand. If all the participants are adults, no one is coerced to play, no violence is used, and no stealing is going on, and as long as the participants do not disturb the peace or create a public nuisance, then it is their inalienable right to so gamble. If a person loses money in the game, but can't cover his bets (why accept them if the money is not on the table in a "friendly" game), then the loser could be taken to court.

The same can be said for using drugs other than alcohol in a mind-altering, or medicinal, or recreational way. Ditto for sex among consenting adults, with or without the transfer of money from one person to another.

Any behavior that adults, alone, or with consenting other adults, wish to participate in, as long as it does not violate the rights of others or directly and immediately threatens to violate the rights of others, is an inalienable right, but only if we are serious about the concept of such rights. Otherwise, we are left with either religions or governments (usually influenced by religions) telling us what we can and cannot do, even if what we want to do does not harm or threaten others. And then, as we are today, we are not fully and truly free. We are slaves or quasi-slaves to those who can punish us for behavior that does not meet their standards, even though said behavior does not violate the rights of others.

And, as I said above, there is not one nation on the face of the Earth that truly and fully respects and protects inalienable rights.

The Myth of Inalienable Rights as Applied to the War on Drugs: The Tyranny of Legislating Morality

Violence, corruption, the violation of the rights of millions of citizens, the highest per capita incarceration rate, as well as the greatest number of actual people in prison of any nation in the world, all brought to you by the $100 billion per year failure and longest-running war in America...the so-called "war on drugs." If you thought the government was supposed protect your rights, not violate them, you need to read this essay: The Myth of Inalienable Rights, at http://dowehaverights.blogspot.com/.